Josiah Fowlkes' Will
This is the will of my 5th great grandfather's will. I have transcribed it exactly as it is. Except for the fact that I captialized all the last names to make them easier to find. Hope you find it interesting.
This is from a Green Co., Ky. Circuit Court Case #4856, in the case is this will.
I Josiah Fowlkes of the county of Prince Edward and the State of Virginia do hereby make my last will and testament in manner & form following, that is to say
1st, I give to my son Nathan Fowlkes the tract of land on which he now lives called Burkes tract to him and his heirs forever.
Secondly, I lend to my son John Fowlkes during his national life the tract of land on which he now lives (called Bookers tract)
3rdly, I give to my daughter Jane Arms the tract of land on which she now lives to her and her heirs forever. ~
4thly, I give to my Grand daughter Frances Armes, one negro boy named Edmund, one feather bed and furniture, and one hund dollars, all of which I give to her and her heirs forever. ~
5thly, I give to my grand son William Nathaniel Fowlkes one seventh part of the money arising from the sale of my estate both real and personal, including my grist mill & his appurtenances, to him and his heirs forever. ~
6thly, I lend to each of my children hereafter named, an equal portion of my slaves herein named to wit: Milly, Eddy, Clark, Maud, Suky, Laviny, Mandy, Merica, Caroline, Jack, Harkless, Peter, Sam, Bob, Ransom and Albert, during their natural lives as follows: that is to say, to my sons, Nathan Fowlkes, Redford Fowlkes, John Fowlkes, to my daughters Jane Armes, Rosa Estes and Martha Fears each one sixth part of said negroes the said slaves to be made as near as can be into Six equal lots, and drawn for, and the lot of slaves that each of my said children may draw in such allotment I give at their death to each of their respective heirs in equal proportions, all of which I give to my said Grand children and their heirs forever. ~
7thly, My will is that my Executors hereinafter named shall make sale of the tract of Land on which I now live, also my Grist mill, and that part of my tract of land called Burkes which is situate, lying and being in the South side of my mill creek, the mill, her appurtenances and the last named tract of land, to be sold together (in one lot) also all my perishable estate of every discription and after all my debts and the specific legases?, and other necessary expences are paid, then I give the balance of the proceeds of the sale of all that is named in this item as follows, that is to say, I give to my sons Nathan Fowlkes, Redford Fowlkes, and my daughters Jane Armes, Rosa Estes and Martha Fears, each, one sixth part, and to my son John Fowlkes, I loan one sixth part, the said one sixth part loaned to my son John Fowlkes to be retained in the hands of my Exec. and my said exec is hereby directed to pay over to my said son the legal interest on the same annually but if my Exec finds that the houses that are on the land I have loaned to said son, may want repairs, then and in that case my said Exec may appropriate so much of the ??? toward debts as he may think proper for that purpose. ~
8thly The land, negroes and money which I have herin loaned my son John Fowlkes during his natural life, then at his death I give to my other five children, that is to say, to my son Nathan Fowlkes, and Redford Fowlkes & my daughters Jane Armes, Rosa Estis and Martha Fears, each one fifth part of said life estate (or to the heirs os such of my said children as may be dead) to them and their heirs forever. ~
9thly My son Nathan Fowlkes must account for the sum of one hundred Dollars before he receives under the 8th Item, the same being money that I have paid him.~ And lastly I do hereby constitute and appoint my friend Williamson Dickinson Executor of this my last will and testament hereby revoking all other or former wills or testaments heretofore by me made. In witness whereof I have hereunto set my hand and affixed my seal this 14th day of September in the year Eighteen hundred and thirty three.Signed sealed and his
declared in presence Josiah X Fowlkes
and hearing of mark
Benjamin F. Piller
John N. Dickinson
I. C. JacksonAt a court held for Prince Edward County the 19th day of June 1837. This last will and testament of Josiah Fowlkes deceased was presented in court and proved by the oaths of John N. Dickinson and I. C. Jackson two witnesses thereto, Ordered that the ?? be recorded in the motion of Williams? Dickson? Executor herein named, he with Griffith Dickinson, John Foster, John W. Ellington, Redford Fowlkes and Richard S. Forrest his securities entered into and acknowledged their bond for the purpose in the penalty of Twenty Thousand Dollars conditioned according to Law, and took the oath required by Law, Certificate for obtaining a probate thereof in due form is granted him. ~
Teste B. Worsham?, CCState of Virginia
Prince Edward County to wit
I Branch I. Worsham clerk of the county court for the said county and State aforesaid, do hereby certify that the foregoing is a true transcript from the records of said court
In Testimony whereof I hereunton set my hand and affix the Seal of the said court this 20th day of July 1856.
B. I. Worsham, CCVirginia, Prince Edward county to wit
I, Thomas E. Haskins presiding magistrate for the said county of Prince Edward in the State of Virginia do certify that Branch I. Worsham, who hath given the preceeding certificate is clerk of the said court, and that the said attestation is in due form and is the proper officer. ~
Given under my hand this 12th day of August 1856.
Thos. E. Haskins
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